Legal Question in Family Law in New Jersey

Children in dviroce.

How old does a child have to be to decide whom he/she wants to live with when going through a divorce. I.E. Mommy or Daddy ?


Asked on 4/07/04, 8:41 am

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

When can the children choose their primary residence

There is no particular age. It depends on the maturity of the child. Some 10 year olds may be mature enough to choose; some 16 year olds may not be. All child-related decisions are based on the best interest of the child and after hearing all of the facts and circumstances and perhaps hearing the opinions of experts, the Court would make its determination. Keep in mind that this advice is based purely on the bare facts that you have given me here. There certainly may be other facts that would change my opinion. And, no one can rely on the opinion of an attorney who has not been retained. Before you do anything, you should consult with an attorney. I would be happy to discuss this matter with you if you would call me at 856-546-8010. Mention Law Guru and your first one hour consultation is free. Good luck! Rob Gleaner

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Answered on 4/07/04, 8:52 am


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